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Shafer Electric & Construction v. Mantia

Supreme Court of Pennsylvania

October 29, 2013

SHAFER ELECTRIC & CONSTRUCTION, Respondent
v.
RAYMOND MANTIA AND DONNA MANTIA, HUSBAND AND WIFE, Petitioners

Petition for Allowance of Appeal from the Order of the Superior Court

ORDER

PER CURIAM

AND NOW, this 29th day of October, 2013, the Petition for Allowance of Appeal is GRANTED. The issues are:

(1) Whether the Home Improvement Consumer Protection Act, 73 Pa. Con. Stat. Ann. §§ 517.1-517.18, bars a contractor from recovery under a theory of quantum meruit in the absence of a valid and enforceable home improvement contract under the Act[.]

(2) Whether the decisions of the Superior Court of Pennsylvania in Shafer Electric & Construction v. Mantia, [67 A.3d 8] (Pa.Super. Ct. May 10, 2013), and Durst v. Milroy, 52 A.3d 357, 2012 PA.Super. 179 (Pa.Super. Ct. 2012), conflict with the Home Improvement Consumer Protection Act, 73 Pa. Con. Stat. Ann. §§ 517.7(a) and (g), and should be overturned by this Court[.]


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